XSOLLA OFFERWALL END-USER AGREEMENT

1. XSOLLA OFFERWALL SERVICES

1.1 The Xsolla Offerwall is a service that presents Offers from third-party advertisers ("Advertisers") within mobile applications and games published by third-party developers ("Publishers"). When you successfully complete an Offer according to its specific requirements and terms and conditions, you may receive virtual currency, in-app rewards, or other benefits ("Rewards") within the Publisher's applications and games.

1.2 Xsolla acts as an intermediary between you, the Advertisers, and the Publishers. Xsolla does not control the content, terms, or fulfillment of individual Offers, which are the sole and exclusive responsibility of the respective Advertisers.

1.3 Rewards are subject to: (i) your meeting all eligibility requirements and the Offer's specific completion requirements; and (ii) Xsolla's receipt of confirmation from the applicable Advertiser that you have properly completed the Offer.

2. END-USER ACCOUNT

2.1 You may be required to have an account with either the Publisher's applications or games, or with Xsolla, or both, to use the Offerwall. In the case of Xsolla, you may be suggested to create a personal profile within the Xsolla ecosystem ("Profile"). In all instances, you agree that any information you provide in creating your Profile, or personal account with the Publisher, will be true, accurate, current, and complete.

2.2 You may not use false identities or impersonate any other person during the creation of your Profile or personal account with the Publisher. It is never permissible for you to use another End-User's Profile or personal account with the Publisher or in your Profile. You are solely responsible for maintaining the confidentiality of your accounts' credentials and for all activities associated with or occurring under your accounts.

2.3 To the maximum extent permissible under applicable law, Xsolla cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of your use of your Profile or personal account with the Publisher.

2.4 You agree to comply with all local, national, and international laws, rules, and regulations ("Applicable Law") regarding online conduct and the transmission of information on the Internet.

3. GENERAL REQUIREMENTS AND ELIGIBILITY

3.1 To use the Offerwall, you represent to Xsolla that:

a. You are of the legal age of majority in your jurisdiction of residence. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together before proceeding to use the Offerwall. Parents and guardians are responsible for the acts of children under 18 years of age using the Offerwall.

b. You will use the Offerwall using your own identity and will not impersonate any other person or hide your identity from Xsolla while you are using the Offerwall.

c. Your use of the Offerwall is at your sole option, discretion, and risk.

d. You will not use any services for hiding or changing your real location in order to use or access the Offerwall, for any illegal purposes, or to avoid restrictions provided by Applicable Law or by Xsolla.

3.2 Xsolla does not knowingly provide services to children under the age of 16 or the applicable minimum age of online consent where you are located. If you are under the minimum age applicable to you, please do not use the Offerwall or send us any information about yourself.

3.3 The Offerwall is made available to you for use solely for your personal benefit and entertainment. You may not use the Offerwall for commercial purposes or financial gain, including selling or renting access to the Offerwall to any third party or otherwise exploiting the Offerwall for the economic benefit of a third party.

4. OFFERS AND REWARDS

4.1 Offer Completion. Each Offer displayed on the Offerwall has specific requirements that must be completed to earn the associated Reward. These requirements are set by the Advertiser and may include, but are not limited to, downloading and engaging with an application or game, completing a survey, signing up for a service, making a purchase, or reaching a specified level or milestone within an application or game.

4.2 Reward Crediting. Rewards are credited to your account in the Publisher's applications or games upon Xsolla's receipt of confirmation from the Advertiser that you have successfully completed the Offer requirements. This confirmation process is not immediate and will be performed in accordance with commercially reasonable standards.

4.3 No Monetary Value. Unless expressly stated otherwise, Rewards have no real-world monetary value and cannot be exchanged for cash, transferred, or redeemed outside of the Publisher's applications or games. Rewards are subject to the terms and conditions of the Publisher's applications and games.

4.4 Taxes. On rare occasions, a Reward may have actual monetary value in your place of residence and be subject to additional terms and conditions. If you receive any taxable compensation through the use of the Offerwall, you will be solely responsible for any resulting taxes or similar obligations.

4.5 Availability. Xsolla does not guarantee that any particular Offer will be available at all times, in all locations, or at any given time, or that Xsolla will continue to Offer any particular Offer for any particular length of time.

5. PROHIBITED ACTIVITIES

5.1 You are prohibited from using the Offerwall in connection with fraudulent, abusive, or illegal activity, including but not limited to:

a. Device ID manipulation or spoofing;

b. Misrepresentation of Offer eligibility, including deceptive geolocation manipulations or use of VPNs or proxies to disguise your location;

c. Interference with Xsolla's services or systems, including use of bots, crawlers, scripts, or automated tools;

d. Attempts to decompile, reverse engineer, or derive source code from Xsolla's systems (except as permitted by Applicable Law);

e. Completing Offers multiple times using different accounts, devices, or identities to fraudulently obtain Rewards;

f. Transmitting any information that is unlawful, threatening, harmful, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;

g. Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity;

h. Transmitting any material that contains viruses, worms, or other code designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment;

i. Intentionally or unintentionally violating any Applicable Law.

5.2 If Xsolla believes that your behavior is in any way unlawful, abusive or disruptive, Xsolla reserves the right to take action against you, including suspension or permanent ban from the Offerwall, forfeiture of pending Rewards, and pursuit of any other equitable or legal remedies available.

6. CUSTOMER SUPPORT

6.1 How to Contact Support. Xsolla Offers customer support ("Customer Support") for issues related to Offers presented in the Offerwall. To make a support request, contact us by clicking the Customer Support link displayed within the Offerwall interface.

6.2 Timing Requirements. Rewards are not granted immediately so you must wait at least forty-eight (48) hours before filing a Rewards related request with Customer Support. Customer Support requests must be made within thirty (30) days of your first interaction with the Offer involved in your request. Requests made beyond that window may not be processed.

6.3 Response Times. Some support requests are easy to resolve; others may require investigation with the Advertiser, Publisher, and/or Xsolla's technical team. Xsolla does not guarantee that Customer Support requests will be resolved within a specific time frame but strives to respond to initial requests within forty-eight (48) hours after receipt. If Xsolla requests additional information from you and you do not provide it within the timeframe requested, Xsolla may close your Customer Support request without further action.

6.4 Behavior Expectations. Xsolla does not tolerate abusive language or actions directed at its Customer Support team. Consequences of profanity or other abusive behavior may include immediate closure of your support request and suspension or permanent termination of your Offerwall privileges (and even your Profile, if permitted by Applicable Law).

6.5 Data Sharing. When you submit a Customer Support request, Xsolla receives and stores device identifiers (such as advertising identifiers), your email address, IP address, and your name if you choose to provide it. If resolution of your request requires coordination with the Advertiser or Publisher, Xsolla may share your Customer Support request information with them as necessary to research and respond to your request. All information Xsolla collects through or in connection with Customer Support is subject to Xsolla's Privacy Policy.

7. PRIVACY NOTICE

7.1 You acknowledge that when you access or use the Offerwall, Xsolla may use automatic means (including cookies and web beacons) to collect information about your device and your use of the Offerwall. All information Xsolla collects through or in connection with the Offerwall is subject to Xsolla's Privacy Policy. You should also review Xsolla's Cookie Policy on how you can manage your online privacy.

7.2 By accessing or using the Offerwall, you consent to all actions taken by Xsolla with respect to your information in compliance with the Privacy Policy, including but not limited to: (i) transferring your personal information to Advertisers, Publishers, affiliates, vendors, or business partners as necessary to provide the Offerwall services; (ii) receiving certain electronic communications from Xsolla; and (iii) other uses and disclosures as specified in Xsolla's Privacy Policy.

7.3 You have a right to withdraw your consent to Xsolla's processing of your personal information, where that processing is based on your consent, at any time. To exercise this right, contact Xsolla at data.protection@xsolla.com.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 "Intellectual Property Rights" means all functional and ornamental aspects of the Offerwall, including any screen displays, technical notes, computer program code, scripts, and works of authorship that may form a part of the Offerwall, all trademarks and names of Xsolla, and all other proprietary information of Xsolla, including patents, patent applications, trade secrets, trademarks, copyrights, and all other intellectual property rights therein.

8.2 Except as expressly stated herein, all title, ownership, and Intellectual Property Rights in and to the Offerwall shall remain the sole and exclusive property of Xsolla (or that of Publishers or Advertisers). All rights are reserved, except as expressly stated herein. The Offerwall is protected by copyright laws, international copyright treaties and conventions, and other Applicable Laws.

8.3 Xsolla reserves any and all rights not expressly granted to you in this Agreement. You agree to refrain from any action that would diminish such rights or would call them into question.

9. THIRD-PARTY ADVERTISERS AND SERVICES

9.1 The Offerwall includes links to and content from third-party Advertisers. These Advertisers and their services are subject to their own respective terms and conditions. Please review these third-party terms and conditions carefully as they constitute an agreement between you and the applicable Advertiser.

9.2 Xsolla does not control third-party Advertisers and their services and is not liable for such Advertisers or for any transaction you may enter into with them, or for what they do. When engaging with Advertisers and their services, your security is your responsibility.

9.3 Xsolla makes no representations regarding, has no control over, and has no duty to take any action regarding Advertisers' Offers, apps, websites, or other third-party content or materials you may access in the course of using the Offerwall, and you release Xsolla from all liability in connection therewith. Xsolla will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of Advertiser content or materials contained in or accessed through the Offerwall.

10. REPRESENTATIONS AND WARRANTIES

10.1 Disclaimer of Warranties. THE OFFERWALL IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, XSOLLA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE OFFERWALL, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE PRACTICE.

10.2 WITHOUT LIMITATION TO THE FOREGOING, XSOLLA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE OFFERWALL WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION OR BUGS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

10.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

11.1 IN NO EVENT SHALL XSOLLA, ITS AFFILIATES, ITS LICENSORS, OR EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY:

(i) FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, OR LOST DATA, OR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE OFFERWALL, OFFERS, ADVERTISERS, PUBLISHERS OR PROFILE, EVEN IF XSOLLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (OR LOSS) OR IN THE EVENT OF XSOLLA'S OR ITS AFFILIATES' FAULT REGARDLESS OF THE CAUSE OF ACTION, INCLUDING TORT (E.G., NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF XSOLLA'S WARRANTY;

(ii) FOR ANY MISREPRESENTATION OR FRAUD WITH RESPECT TO ANY ADVERTISERS, PUBLISHERS, OFFERS OR REWARDS;

(iii) FOR ANY LOSS OR DAMAGES CAUSED BY ANY ACTION OR OMISSION OF AN ADVERTISER OR PUBLISHER; OR

(iv) FOR ANY AMOUNT IN EXCESS OF $150.00 (USD).

11.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY (SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU ALSO MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Xsolla, its parent, subsidiaries, affiliates, and their respective owners, directors, officers, employees, shareholders, licensors, partners, contractors, and agents from and against any and all loss, claim, damage, cost, liability, and expense (including attorney's fees and costs and auditor's fees) arising from or relating to your use or misuse of the Offerwall, your breach of this Agreement, or arising out of a claim by any Advertiser, Publisher, or any other third party related to any action or omission by you.

13. MISCELLANEOUS

A. Governing Law. This Agreement and its interpretation, and any disputes that arise hereunder, shall be governed in all respects by the laws of the State of California, USA, without giving effect to any principles that may provide for the application of the law of another jurisdiction. Notwithstanding the foregoing, where Applicable Law (as defined in Section 2.4) explicitly grants you rights or imposes obligations that differ from those set forth in this Agreement, such Applicable Law shall control to the extent required. The U.N. Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed.

B. Arbitration Agreement. The exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be determined by final and binding arbitration. The arbitration shall be resolved by one arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"), Applicable Law, and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website at www.adr.org. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys' fees and other costs related to the arbitration, and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may also award equitable relief. The Arbitrator's decision(s) shall be final and conclusively binding on the parties, and judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The Arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. The Arbitrator must follow Applicable Law, and any award may be challenged if the Arbitrator fails to do so.

C. Class Action Waiver. YOU AND XSOLLA AGREE THAT EACH ONLY MAY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitrator shall not consolidate another person's claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this Agreement to arbitrate shall be null and void.

D. EU Residents. If you are a citizen of a European Union country, (i) the laws of your country of residence govern the process of dispute resolution under this Agreement and your use of the Offerwall, including your creation and usage of your Profile; and (ii) you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the courts of your country of residence, and you have other rights to take legal action or to exercise another legal remedy.

E. Limitation of Time to File Claims. Except where prohibited by Applicable Law or where Section 13(D) applies, any cause of action or claim you may have arising out of or relating to this Agreement or the Offerwall must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

F. Disputes. Most End-User concerns can be resolved by use of Xsolla's Customer Support in accordance with Section 6 to this Agreement. If Xsolla is unable to resolve your concerns and a dispute remains between you and Xsolla, a party that intends to seek arbitration must first send a written notice of its intent to arbitrate ("Notice"). The Notice to Xsolla should be sent by electronic mail to [object Object] or by certified mail to Xsolla (USA), Inc., 15260 Ventura Boulevard, Suite 2230, Sherman Oaks, CA 91403. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. If the parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Xsolla may commence an arbitration in accordance with the procedures set forth in Section 13(B), above.

G. Term and Termination. (i) This Agreement is effective until terminated. You may terminate this Agreement at any time by ceasing to use the Offerwall. (ii) Xsolla has the right to terminate this Agreement with immediate effect for a breach of this Agreement by you or if Xsolla reasonably suspects that you have failed to abide by any of the terms and conditions of this Agreement. Xsolla may take any action it deems reasonable in its sole discretion against End-Users who do not comply with the terms of this Agreement, which may include banning End-Users. Xsolla reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this Agreement. However, if what you have done can be cured, Xsolla will give you a reasonable opportunity to do so, in its sole discretion. (iii) Without prejudice to the other provisions of this Agreement, Xsolla may terminate this Agreement with you (in whole or in part) for any reason at its discretion upon reasonable notice to you. (iv) Upon termination of this Agreement for any reason, Section 8 (Intellectual Property Rights), Section 10 (Representations and Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), and this Section 13 (Miscellaneous) will survive. (v) Termination of this Agreement shall be without prejudice to any rights or liabilities accrued at the date of the termination. Once the termination comes into effect, all rights of End-Users to use the Offerwall under this Agreement shall terminate. However, your Profile, and any information provided therein by you to Xsolla, shall be deemed to be Xsolla's sole and exclusive property, even after termination of this Agreement.

H. Notices. Xsolla may give notice to you by means of a general notice while you use the Offerwall, electronic mail to your email address in Xsolla's records, or by a written communication sent by first class mail, postage prepaid, or overnight courier to your address on record, provided Xsolla has your physical address. It is your responsibility to update any information provided in your Profile, or elsewhere given to Xsolla, as soon as such information changes.

I. Severability. Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement is held to be unenforceable by a court or another tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

J. Enforcement. Xsolla's obligations are subject to existing laws and legal process, and Xsolla reserves the right to comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

K. Compliance. You agree to comply with all applicable import/export laws and regulations. You agree not to use the Offerwall or create a Profile from any country or territory subject to comprehensive sanctions or export restrictions. You represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted country.